Ku-Ring- Gai Council v Labordus [2009] NSWLEC 30

Land and Environment Court of New South Wales

CITATION : Ku-Ring- Gai Council v Labordus [2009] NSWLEC 30 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT: Ku-Ring-Gai Council PARTIES : RESPONDENT: Giltje Sijtske Labordus

FILE NUMBER(S) : 40628 of 2002

CORAM: Biscoe J

KEY ISSUES: CONTEMPT :- failure to comply with Court Orders

CASES CITED: Burwood Council v Ruan [2008] NSWLEC 167 Ku-Ring-Gai Council v Labordus [2007] NSWLEC 834

DATES OF HEARING: 17 March 2009

DATE OF JUDGMENT: 17 March 2009

APPLICANT: Mr G McKee, Solicitor SOLICITORS McKees Legal Solutions LEGAL REPRESENTATIVES: RESPONDENT: Mr M Wright SOLICITORS Deacons

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

17 March 2009

40628 of 2002

KU-RING-GAI COUNCIL v GILTJE SIJTSKE LABORDUS

JUDGMENT 1 HIS HONOUR: These are proceedings for contempt of Court arising from the failure of the defendant Giltje Sittske Labordus, to comply with consent orders 3, 7 and 8 made on 18 December 2007. Essentially, the consent orders required the defendant to demolish and remove a failed retaining wall on the boundary between her property at 32 Lynbara Avenue, Pymble and a neighbouring property at 30 Lynbara Avenue, and to replace it with a new wall and associated drainage. Orders 3, 7 and 8 were as follows: "3. The Respondent shall, by her servants, agents or contractors commence the carrying out of works in accordance with Annexure `AA' within 3 months of the date of these orders, and shall complete these works within 6 months of the date of these orders.